Texas 2017 - 85th Regular

Texas House Bill HB3840 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R20274 ADM-D
2		-	By: Laubenberg, Israel H.B. No. 3840
3		-	Substitute the following for H.B. No. 3840:
4		-	By: Laubenberg C.S.H.B. No. 3840
	1	+	85R10428 ADM-D
	2	+	By: Laubenberg H.B. No. 3840
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the conduct of primary elections; increasing a criminal
10	8		penalty.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12		-	SECTION 1. Sections 31.092(b), (d), and (e), Election Code,
13		-	are transferred to Section 31.093, Election Code, redesignated as
14		-	Sections 31.093(c), (d), and (e), Election Code, respectively, and
15		-	amended to read as follows:
16		-	(c) [(b)] On request of the county chair of a political
17		-	party holding a primary election in the county, the [The] county
18		-	election officer shall [may] contract with the county executive
19		-	committee of the [a political] party [holding a primary election in
20		-	the county] to perform election services, as provided by this
21		-	subchapter, in the party's general primary election and [or] runoff
22		-	primary election in accordance with a cost schedule agreed on by the
23		-	contracting parties[, or both].
24		-	(d) In a contract required [authorized] by Subsection (c)
25		-	[(b)], the county election officer may not prevent the county chair
26		-	or the chair's designee from supervising the conduct of the primary
27		-	election, including the tabulation of results, as required by
28		-	Chapter 172.
29		-	(e) A [If a] county election officer [enters into a contract
30		-	with a county executive committee under Subsection (b) to perform
31		-	election services, the officer] must offer to contract on the same
32		-	terms with the county executive committee of each political party
33		-	holding a primary election in the county.
34		-	SECTION 2. Section 31.093(a), Election Code, is amended to
35		-	read as follows:
36		-	(a) If requested to do so by a political subdivision [or
37		-	political party], the county elections administrator shall enter
38		-	into a contract to furnish the election services requested, in
39		-	accordance with a cost schedule agreed on by the contracting
40		-	parties.
41		-	SECTION 3. Section 61.003(b)(1), Election Code, is amended
	10	+	SECTION 1. Section 61.003(b)(1), Election Code, is amended
42	11		to read as follows:
43	12		(1) "Electioneering" includes the posting, use, or
44	13		distribution of political signs or literature. The term does not
45	14		include the distribution of a notice of a party convention
46	15		authorized under Section 172.1114.
47		-	SECTION 4. Section 127.096, Election Code, is amended by
	16	+	SECTION 2. Section 127.096, Election Code, is amended by
48	17		adding Subsection (a-1) to read as follows:
49	18		(a-1) If the test is being conducted for a primary election,
50	19		the custodian of the automatic tabulating equipment shall notify
51	20		the county chair of the test at least 48 hours before the date of the
52	21		test. The county chair shall confirm receipt of the notice.
53		-	SECTION 5. Section 129.023, Election Code, is amended by
	22	+	SECTION 3. Section 129.023, Election Code, is amended by
54	23		adding Subsection (b-1) to read as follows:
55	24		(b-1) If the test is being conducted for a primary election,
56	25		the general custodian of election records shall notify the county
57	26		chair of the test at least 48 hours before the date of the test. The
58	27		county chair shall confirm receipt of the notice.
59		-	SECTION 6. Section 162.004(c), Election Code, is amended to
	28	+	SECTION 4. Section 162.004(c), Election Code, is amended to
60	29		read as follows:
61	30		(c) If a voter is accepted to vote without presenting a
62	31		registration certificate, the presiding judge shall issue the voter
63	32		an affiliation certificate. The certificate is not required to be
64	33		issued to a voter in a runoff primary unless the voter requests it.
65		-	The affiliation certificate may be combined with the notice
66		-	provided under Section 172.1114. If the combined form is used, an
67		-	election officer is not required to comply with Subsection (b).
68		-	SECTION 7. Section 162.014(b), Election Code, is amended to
	34	+	An affiliation certificate issued under this subsection may be
	35	+	combined with the notice provided under Section 172.1114.
	36	+	SECTION 5. Section 162.014(b), Election Code, is amended to
69	37		read as follows:
70	38		(b) An offense under this section is a felony of the second
71	39		degree unless the person is convicted of an attempt. In that case,
72	40		the offense is a state jail felony [Class C misdemeanor].
73		-	SECTION 8. Section 172.082, Election Code, is amended by
	41	+	SECTION 6. Section 172.0221, Election Code, is amended to
	42	+	read as follows:
	43	+	Sec. 172.0221. NOTICE TO CANDIDATE REGARDING POSTING OF
	44	+	CERTAIN INFORMATION. (a) The authority with whom an application is
	45	+	filed must inform the candidate that the candidate's public mailing
	46	+	address and, if provided on the application, the candidate's
	47	+	electronic mail address will be posted by the secretary of state on
	48	+	the secretary's publicly viewable website.
	49	+	(b) If a candidate fails to supply a public mailing address
	50	+	on the application, the county chair shall provide the secretary of
	51	+	state with the candidate's residence address, to be posted on the
	52	+	secretary's publicly viewable website as the candidate's mailing
	53	+	address.
	54	+	(c) A prescribed form for an application for a place on the
	55	+	general primary election ballot shall state:
	56	+	(1) the information described by Subsection (a); and
	57	+	(2) that the candidate's residence address will be
	58	+	posted on the secretary of state's publicly viewable website if the
	59	+	candidate fails to provide a public mailing address.
	60	+	SECTION 7. Section 172.082, Election Code, is amended by
74	61		amending Subsections (b), (c), and (e) and adding Subsection (f) to
75	62		read as follows:
76	63		(b) The county chair [executive committee] shall conduct
77	64		the drawing unless the county executive committee [it] provides by
78	65		resolution that the drawing be conducted by the primary committee.
79	66		(c) The drawing shall be conducted [at the county seat] not
80	67		later than the 10th day after the date of the regular filing
81	68		deadline for the general primary election.
82	69		(e) The county chair shall post notice of the date, hour,
83	70		and place of the drawing for at least 24 consecutive hours
84	71		immediately before the drawing begins. The notice shall be posted
85	72		on the party's Internet website, if the party maintains a website.
86	73		If the party does not maintain a website, the notice shall be posted
87	74		on the bulletin board used for posting notice of meetings of the
88	75		commissioners court. [If the party maintains an Internet website,
89	76		the party shall post the notice on the party's website.] All
90	77		candidates who provide an e-mail address on their filing form shall
91	78		be notified electronically.
92	79		(f) The state chair shall conduct the drawing if the county
93	80		chair:
94	81		(1) requests that the state chair conduct the drawing;
95	82		or
96	83		(2) fails to conduct the drawing by the deadline set in
97	84		this section.
98		-	SECTION 9. Section 172.083, Election Code, is amended to
	85	+	SECTION 8. Section 172.083, Election Code, is amended to
99	86		read as follows:
100	87		Sec. 172.083. REVIEW AND APPROVAL OF BALLOT BY PRIMARY
101	88		COMMITTEE. If a primary committee was established, before [Before]
102	89		having the official ballots for a general primary election printed,
103	90		the county chair shall submit the format for the official ballot to
104	91		the primary committee for its review and approval.
105		-	SECTION 10. Section 172.084(a), Election Code, is amended
106		-	to read as follows:
	92	+	SECTION 9. Section 172.084(a), Election Code, is amended to
	93	+	read as follows:
107	94		(a) The [Except as provided by this section, the] order of
108	95		the candidates' names on the runoff primary election ballot for
109	96		each county shall be [determined by a drawing conducted] in the same
110	97		order as [manner as the regular drawing for position] on the general
111	98		primary election ballot.
112		-	SECTION 11. Section 172.1111, Election Code, is amended to
	99	+	SECTION 10. Section 172.1111, Election Code, is amended to
113	100		read as follows:
114	101		Sec. 172.1111. POSTING NOTICE OF CONVENTIONS [PRECINCT
115	102		CONVENTION] REQUIRED. (a) Before the opening of the polls, the
116	103		presiding judge shall post at each outside door through which a
117	104		voter may enter the building in which the polling place is located a
118	105		written notice in bold print of the date, hour, and place for each
119	106		[convening the] precinct, county, senatorial, or state convention
120		-	that a voter in the precinct may be eligible to attend during the
121		-	election year.
	107	+	occurring in the state during the election year.
122	108		(b) Notice posted under this section may include:
123	109		(1) the website of the county party and state party;
124	110		and
125	111		(2) any other information deemed necessary by the
126	112		state executive committee.
127	113		(b-1) The state chair shall develop a form for the notice
128	114		that may be used statewide. The judge is not required to use an
129	115		officially prescribed form for the notice, but must include any
130	116		information required by this section.
131	117		(b-2) A state chair, county chair, or precinct chair shall
132	118		provide the presiding judge with the necessary information
133	119		respecting the chair's associated convention.
134	120		(c) The notice must remain posted continuously through
135	121		election day.
136		-	SECTION 12. Section 172.1112(a), Election Code, is amended
	122	+	SECTION 11. Section 172.1112(a), Election Code, is amended
137	123		to read as follows:
138	124		(a) The county clerk [chair] shall post a notice of the
139	125		election and a notice of consolidated precincts, if applicable, in
140	126		the manner prescribed by Section 4.003(b) for general and special
141	127		elections. The notice of the election shall be posted on the
142	128		party's Internet website, if the party maintains a website. If the
143	129		party does not maintain a website, the notice shall be posted on the
144	130		bulletin board used for posting notice of meetings of the
145	131		commissioners court.
146		-	SECTION 13. Subchapter E, Chapter 172, Election Code, is
	132	+	SECTION 12. Subchapter E, Chapter 172, Election Code, is
147	133		amended by adding Section 172.1114 to read as follows:
148	134		Sec. 172.1114. DISTRIBUTION OF NOTICE OF CONVENTIONS. (a)
149	135		A political party may prepare a notice not larger than letter-sized
150	136		for distribution to each voter participating in the party's primary
151		-	election at the time the voter is accepted for voting.
	137	+	election at the time the voter is accepted for voting by personal
	138	+	appearance.
152	139		(b) The notice may include:
153	140		(1) information describing the party's convention
154	141		process;
155	142		(2) information detailing the time and place of the
156	143		party's first level convention process;
157	144		(3) contact information for the county and state
158	145		political parties; and
159	146		(4) website links for information and registration for
160	147		party conventions.
161	148		(c) The state chair of a political party shall prescribe a
162		-	form for a notice that may be used in any county. A county chair of
163		-	a political party may prescribe a specific notice for the county
164		-	chair's county. The same notice must be used in all precincts
165		-	within a county.
166		-	(d) A notice must be approved by the secretary of state. If
167		-	a county chair of a political party uses the form of notice
168		-	prescribed by the state chair, only the convention location and
169		-	time may be added without the secretary of state's approval.
170		-	(e) A county chair of a political party shall supply a
171		-	notice prepared according to this section to the authority
172		-	conducting the election not later than the 30th day before the date
173		-	early voting by personal appearance begins.
174		-	(f) The secretary of state shall prescribe procedures and
	149	+	form for a notice approved by the secretary of state that may be
	150	+	used in any county. A county chair may prescribe a specific notice
	151	+	for the county chair's county. The same notice must be used in all
	152	+	precincts within a county. If a county chair uses the form for the
	153	+	notice prescribed by the state chair, only the convention location
	154	+	and time may be added without the secretary of state's approval.
	155	+	(d) A county chair of a political party that elects to
	156	+	distribute a notice prepared under this section shall supply a
	157	+	notice to the authority conducting the election not later than the
	158	+	30th day before the date early voting by personal appearance
	159	+	begins.
	160	+	(e) The secretary of state shall prescribe procedures and
175	161		adopt rules as necessary to implement this section.
176		-	SECTION 14. Section 172.112, Election Code, is amended to
	162	+	SECTION 13. Section 172.112, Election Code, is amended to
177	163		read as follows:
178	164		Sec. 172.112. WRITE-IN VOTING. Write-in voting in a
179	165		primary election is not permitted [except in the general primary
180	166		election for the offices of county chair and precinct chair].
181		-	SECTION 15. Sections 172.113(a), (d), and (e), Election
	167	+	SECTION 14. Sections 172.113(a), (d), and (e), Election
182	168		Code, are amended to read as follows:
183	169		(a) The authority establishing a central counting station
184	170		[county chair] shall prepare the unofficial tabulation of precinct
185	171		results.
186	172		(d) The authority [county chair] shall make [the] periodic
187	173		announcements of the current state of the tabulation, including by
188	174		posting the announcements on the Internet website of the county, if
189	175		the county maintains a website.
190	176		(e) On completing the tabulation, the authority [county
191	177		chair] shall deliver it to the general custodian or may post the
192	178		tabulation on the county's website or the secretary of state's
193	179		website.
194		-	SECTION 16. Section 172.114, Election Code, is amended to
	180	+	SECTION 15. Section 172.114, Election Code, is amended to
195	181		read as follows:
196	182		Sec. 172.114. DISPOSITION OF POLL LIST. The general
197	183		custodian of election records shall preserve the poll lists
198	184		maintained for a primary election for 22 months [until the end of
199	185		the voting year in which the primary election is held].
200		-	SECTION 17. Section 172.1141, Election Code, is amended to
	186	+	SECTION 16. Section 172.1141, Election Code, is amended to
201	187		read as follows:
202	188		Sec. 172.1141. LIST OF REGISTERED VOTERS FOR CONVENTION.
203	189		(a) At the same time the acceptance of each voter for voting in the
204	190		general primary election is indicated on the precinct list of
205	191		registered voters furnished for use in the election, the acceptance
206	192		of the voter shall also be indicated on the list furnished for use
207	193		in the party's conventions.
208	194		(b) If a county records the acceptance of a voter
209	195		electronically, the county chair may request an electronic document
210	196		listing the persons who voted in the party primary.
211		-	SECTION 18. Section 172.115(a), Election Code, is amended
	197	+	SECTION 17. Section 172.115(a), Election Code, is amended
212	198		to read as follows:
213	199		(a) Subject to Subsection (b), the voter registrar shall
214	200		preserve each precinct list of registered voters that is used for a
215	201		primary election for 22 months [until the end of the voting year in
216	202		which the primary election is held].
217		-	SECTION 19. Section 172.116, Election Code, is amended by
	203	+	SECTION 18. Section 172.116, Election Code, is amended by
218	204		adding Subsections (c) and (d) to read as follows:
219	205		(c) The county clerk shall prepare and submit to the
220	206		secretary of state a report of the results of the canvass, which
221	207		must include:
222	208		(1) the total number of votes cast in each precinct for
223	209		each candidate or measure; and
224	210		(2) the number of counted and uncounted provisional
225	211		ballots cast in each precinct.
226	212		(d) The final canvass is concluded when the chair digitally
227	213		certifies the canvass report on the secretary of state's website.
228	214		The posting on the site that the results are final completes the
229	215		canvass report. The chair is not required to file any additional
230	216		notice or report with the county clerk.
231		-	SECTION 20. Sections 172.117(a), (a-1), and (a-2), Election
	217	+	SECTION 19. Sections 172.117(a), (a-1), and (a-2), Election
232	218		Code, are amended to read as follows:
233	219		(a) The county chair shall certify by posting on the
234	220		secretary of state's website a notation next to the name and address
235	221		of each primary candidate who is nominated for a county or precinct
236	222		office for placement on the general election ballot. The chair
237	223		shall digitally execute [and file with the county clerk] an
238	224		affidavit certifying that the returns posted on the secretary of
239	225		state's website are the correct and complete returns. The
240	226		secretary of state shall [may] adopt by rule a process to allow the
241	227		chair to submit the affidavit digitally.
242	228		(a-1) The secretary of state shall develop appropriate
243	229		notations to describe the status of each candidate. The notations
244	230		shall include:
245	231		(1) "filed";
246	232		(2) "withdrew";
247	233		(3) "lost primary";
248	234		(4) "in runoff";
249	235		(5) "lost runoff";
250	236		(6) "deceased"; [or]
251	237		(7) "declared ineligible"; or
252	238		(8) "nominee for general election."
253	239		(a-2) The county chair shall update the notations after each
254	240		general primary and runoff primary election. After any withdrawal
255	241		or death of a candidate, and subsequent replacement of the
256	242		candidate on the ballot, the chair shall notify the state chair, who
257	243		shall update the notation on the website. All notations must be
258	244		completed and accurate on the date prescribed by the secretary of
259	245		state by rule to ensure that an authority printing general election
260	246		ballots may rely on the information.
261		-	SECTION 21. Section 172.118, Election Code, is amended to
	247	+	SECTION 20. Section 172.118, Election Code, is amended to
262	248		read as follows:
263	249		Sec. 172.118. NOTICE OF PERSONS ELECTED AS PARTY OFFICERS.
264	250		(a) Not later than the 20th day after the date the local canvass is
265	251		completed, the county chair shall post on the secretary of state's
266	252		website [deliver written notice to the state chair and to the county
267	253		clerk of] the names of the persons elected as county chair and
268	254		precinct chairs for the county. [This notice may be given by
269	255		electronic means or through an electronic submission system adopted
270	256		by the state executive committee of the party.]
271	257		(b) The notice must include:
272	258		(1) each party officer's address;
273	259		(2) [and] each precinct chair's precinct number; and
274	260		(3) each precinct officer's phone number and e-mail
275	261		address, if supplied by the officer.
276	262		(c) The secretary of state shall make information described
277		-	by ~~Subsections~~ (b)~~(1) and~~ (3) available to the state chair, but not
	263	+	by Subsection (b)(3) available to the state chair, but not
278	264		available to the public. [The county clerk shall preserve the
279	265		notice until the county clerk receives notice of the party officers
280	266		elected at the succeeding primary election.]
281	267		(d) Any appointment to fill a vacancy in the office of
282	268		precinct or county chair shall be posted on the secretary of state's
283	269		website. [On request of the secretary of state, the state chair
284	270		shall deliver to the secretary written notice of the names and
285	271		addresses of the party's county chairs. This notice may be given in
286	272		electronic format as set out in rules adopted by the secretary of
287	273		state.]
288		-	SECTION 22. Section 172.121, Election Code, is amended to
	274	+	SECTION 21. Section 172.121, Election Code, is amended to
289	275		read as follows:
290	276		Sec. 172.121. CERTIFICATION OF CANDIDATES FOR STATEWIDE AND
291	277		DISTRICT OFFICES FOR PLACEMENT ON RUNOFF BALLOT. (a) The state
292	278		chair shall certify on the secretary of state's website [in
293	279		writing] for placement on the runoff primary election ballot the
294	280		name of each general primary candidate for a statewide or district
295	281		office who is to be a candidate in the runoff.
296	282		(b) The state chair shall deliver the certification by
297	283		posting next to the candidate's name on the secretary of state's
298	284		website whether the person lost in the primary or is in a runoff for
299	285		the position [to the county chair in each affected county] as soon
300	286		as practicable after the state canvass of the general primary
301	287		election is completed.
302		-	SECTION 23. Section 172.122(a), Election Code, is amended
	288	+	SECTION 22. Section 172.122(a), Election Code, is amended
303	289		to read as follows:
304	290		(a) The state chair shall certify by posting on the
305	291		secretary of state's website the name and address of each primary
306	292		candidate who is nominated for a statewide or district office. The
307	293		state chair shall execute and file digitally with the secretary of
308	294		state an affidavit certifying that the returns posted on the
309	295		secretary of state's website are the correct and complete returns.
310	296		The secretary of state shall [may] adopt by rule a process to allow
311	297		the chair to submit the affidavit digitally.
312		-	SECTION 24. Section 172.123, Election Code, is amended by
	298	+	SECTION 23. Section 172.123, Election Code, is amended by
313	299		adding Subsection (c) to read as follows:
314	300		(c) The requirements of this section may be met by entering
315	301		the results on the secretary of state's website if the secretary of
316	302		state maintains a website for that purpose.
317		-	SECTION 25. Section 172.124(b), Election Code, is amended
	303	+	SECTION 24. Section 172.124(b), Election Code, is amended
318	304		to read as follows:
319	305		(b) The county clerk [chair] shall deliver the report to the
320	306		secretary of state not later than the 30th day after primary
321	307		election day.
322		-	SECTION 26. Section 172.126, Election Code, is amended by
	308	+	SECTION 25. Section 172.126, Election Code, is amended by
323	309		amending Subsection (e) and adding Subsection (g-1) to read as
324	310		follows:
325	311		(e) The county clerk shall obtain the candidates' names that
326	312		are to appear on the primary ballot, office sought, and candidate
327	313		and office ballot order from the certified list on the secretary of
328	314		state's website [A written certification of the candidates' names
329	315		that are to appear on the primary ballot shall be delivered to the
330	316		county clerk in accordance with rules prescribed by the secretary
331	317		of state].
332	318		(g-1) A voter shall be allowed privacy to the extent
333	319		possible when indicating the voter's choice as to which political
334	320		party's primary the voter chooses to vote in. A voter may indicate,
335	321		without verbalizing, the voter's choice by pointing to which
336	322		party's ballot the voter chooses. The secretary of state shall
337	323		prescribe a sign to inform voters of this option, and the co-judges
338	324		of each polling place shall post the sign beside the signature
339	325		roster.
	326	+	SECTION 26. The heading to Section 172.127, Election Code,
	327	+	is amended to read as follows:
	328	+	Sec. 172.127. CONTENT OF SIGNS [SIGN] USED TO IDENTIFY
	329	+	POLLING PLACE [LOCATION].
340	330		SECTION 27. Section 172.127, Election Code, is amended by
341		-	amending Subsection (b) and adding Subsection (c) to read as
342		-	follows:
343		-	(b) The presiding judge or alternate presiding judge for the
344		-	precinct may post signs at [A sign used to indicate the location of]
345		-	a polling place for a primary election or a primary runoff election
346		-	that [must either]:
347		-	(1) identify [not contain] the names [name] of, or
348		-	symbols [symbol] representing, any political parties [party that
349		-	is] holding an election at the polling place; and [or]
350		-	(2) do not refer to a candidate or measure on the
351		-	ballot [contain each name of, or each symbol representing, a
352		-	political party that is holding an election at the polling place].
353		-	(c) The secretary of state shall adopt rules to provide that
354		-	signs posted as authorized by Subsection (b) in the same county have
355		-	a similar size and format.
	331	+	adding Subsection (c) to read as follows:
	332	+	(c) A sign used to indicate the location of voting inside
	333	+	the polling place for a primary election:
	334	+	(1) may contain only the party's name and directional
	335	+	information to the voting location, including any room name or
	336	+	number;
	337	+	(2) must be the same size and contain writing in the
	338	+	same font for each political party that is holding an election at
	339	+	the polling place; and
	340	+	(3) may not contain content that would encourage or
	341	+	discourage a voter to vote in a particular political party's
	342	+	primary.
356	343		SECTION 28. Sections 172.128(a) and (c), Election Code, are
357	344		amended to read as follows:
358	345		(a) Notwithstanding a conflicting provision of this code, a
359	346		primary election that is required for the nomination of a political
360	347		party to a statewide office, a multicounty district office, or a
361	348		presidential primary election shall be held in accordance with this
362	349		section in a county in which:
363	350		(1) the office of county chair is vacant and there is
364	351		an insufficient number of members serving on the county executive
365	352		committee to fill a vacancy on the committee; and
366	353		(2) the party is unable to establish a temporary
367	354		executive committee under Section 171.027.
368	355		(c) The county clerk may combine voting precincts
369	356		[designate the location of the polling place] for an election held
370	357		under this section to the extent necessary to [at the main early
371	358		voting polling place or designate a location to serve as a polling
372	359		place in the county seat of the county if the polling place is
373	360		located so that it will] adequately serve the voters.
374	361		SECTION 29. Subchapter E, Chapter 172, Election Code, is
375	362		amended by adding Sections 172.129 and 172.130 to read as follows:
376	363		Sec. 172.129. STATEMENTS MADE BY ELECTION OFFICER WHEN
377	364		PRIMARIES CONDUCTED AT SAME LOCATION. (a) This section applies
378	365		only to a polling place used to hold an election for more than one
379	366		political party.
380	367		(b) An election officer conducting a primary election may
381	368		not:
382	369		(1) suggest a political party's ballot to a voter; or
383	370		(2) discuss any race on the ballot with a voter.
384	371		Sec. 172.130. ACTION BY STATE CHAIR TO MEET DEADLINES FOR
385	372		CONDUCT OF PRIMARY. (a) Notwithstanding a conflicting provision
386	373		of this code, the state chair, or the state chair's designee, may
387	374		perform any administrative duty of the county chair or county
388	375		executive committee related to the conduct of a primary election
389	376		that has not been performed in the time required by law, including
390	377		the submission of candidate information under Section 172.029,
391	378		drawing for ballot order under Sections 172.082 and 172.084, and
392	379		canvassing returns under Section 172.116.
393	380		(b) The state chair must notify the county chair or county
394	381		executive committee in writing or electronically that a duty has
395	382		been performed under the authority of this section.
396	383		(c) If a county chair has a reasonable impediment or lacks
397	384		appropriate technology to perform any administrative duty of the
398	385		county chair related to the conduct of a primary election within the
399	386		time required by law, the county chair may request the state chair,
400	387		or the state chair's designee, perform the duty instead of the
401	388		county chair.
402	389		(d) The state chair may act in the role of the county chair
403	390		for the purposes of Subchapter D, Chapter 173, with the approval of
404	391		the secretary of state.
405	392		(e) The secretary of state shall adopt rules to implement
406	393		this section in accordance with the conduct of elections and with
407	394		party rule.
408	395		SECTION 30. Section 173.001(d), Election Code, is amended
409	396		to read as follows:
410	397		(d) If the amount of the funds appropriated for the
411	398		financing of primary elections is insufficient to satisfy the
412	399		requests for those funds made under this code, the secretary of
413	400		state may distribute the amount of the appropriation on a pro rata
414	401		basis. Each party chair or executive committee is entitled to a
415	402		proportionate share of that amount according to that committee's
416	403		percentage of the total amount requested.
417	404		SECTION 31. Section 173.010, Election Code, is amended to
418	405		read as follows:
419	406		Sec. 173.010. FURNISHING RULES AND GUIDELINES. During
420	407		October [November] preceding each primary election year, the
421	408		secretary of state shall post on the secretary's website [deliver
422	409		to the state chair and each county chair of each political party
423	410		holding a primary election] a current set of the rules and any
424	411		available guidelines adopted under this subchapter. The secretary
425	412		of state shall e-mail each state or county chair who has provided
426	413		the secretary of state an e-mail address when the rules and
427	414		guidelines have been posted. If a rule or amendment of a rule is
428	415		adopted after the set is posted [delivery of the set], the secretary
429	416		shall update the posting with the new rule or amendment [deliver a
430	417		copy of the rule or amendment] not later than the 10th day after the
431	418		date of its adoption.
432	419		SECTION 32. Section 173.032, Election Code, is amended by
433	420		adding Subsection (c) to read as follows:
434	421		(c) The state chair may, with the consent of the secretary
435	422		of state and the county executive committee, if one exists for the
436	423		county, accept money into the state primary fund on behalf of a
437	424		county party. The state chair must keep records to track the money
438	425		that is attributable to a county.
439	426		SECTION 33. Section 173.033, Election Code, is amended to
440	427		read as follows:
441	428		Sec. 173.033. USE OF PRIMARY FUND. (a) The county primary
442	429		fund shall be used to pay expenses incurred by the county chair [or
443	430		county executive committee] in connection with a primary election.
444	431		(b) The state primary fund shall be used to pay expenses
445	432		incurred by the state chair [or state executive committee] in
446	433		connection with a primary election.
447	434		(c) A primary fund may not be used for any other purpose,
448	435		except as provided by Section 173.032(c).
449	436		SECTION 34. Section 173.034, Election Code, is amended to
450	437		read as follows:
451	438		Sec. 173.034. MANAGING PRIMARY FUND. (a) The county chair
452	439		[executive committee] shall manage the county primary fund.
453	440		(b) The state chair [executive committee] shall manage the
454	441		state primary fund.
455	442		SECTION 35. Section 173.036(a), Election Code, is amended
456	443		to read as follows:
457	444		(a) The secretary of state may approve an expenditure of
458	445		state funds for an audit of:
459	446		(1) the state primary fund or a county primary fund on
460	447		request of the state chair; or
461	448		(2) a county primary fund on request of a county chair.
462	449		SECTION 36. The heading to Section 173.062, Election Code,
463	450		is amended to read as follows:
464	451		Sec. 173.062. FEE PAID TO STATE CHAIR FOR DISTRICT OFFICES
465	452		REMITTED TO SECRETARY OF STATE [ALLOCATED AMONG COUNTY COMMITTEES].
466	453		SECTION 37. Section 173.062(a), Election Code, is amended
467	454		to read as follows:
468	455		(a) The [state chair shall allocate the] filing fee for a
469	456		district office accompanying an application for a place on the
470	457		ballot filed with the state chair during the regular filing period
471	458		shall be remitted to the secretary of state and deposited in the
472	459		state treasury for the financing of primary election expenses
473	460		[among the county executive committees serving the counties
474	461		comprising the district].
475	462		SECTION 38. Section 173.081, Election Code, is amended by
476	463		amending Subsections (a) and (c) and adding Subsection (g) to read
477	464		as follows:
478	465		(a) Regardless of whether state funds are requested for
479	466		paying primary expenses, a state or county chair shall submit to the
480	467		secretary of state a written statement of estimated expenses to be
481	468		incurred by the chair in connection with a primary election [shall
482	469		be submitted to the secretary of state by:
483	470		[(1) the county chair, for expenses of the county
484	471		chair or county executive committee; or
485	472		[(2) the state chair, for expenses of the state chair
486	473		or state executive committee].
487	474		(c) A statement for a general primary election must also:
488	475		(1) state the amount of:
489	476		(A) the primary candidates' filing fees required
490	477		to be deposited in the county primary fund if the statement is
491	478		submitted by a county chair, or in the state primary fund if the
492	479		statement is submitted by the state chair, that have been received
493	480		by the authority submitting the statement; and
494	481		(B) the contributions to the county chair or
495	482		executive committee if the statement is submitted by a county
496	483		chair, or to the state chair or executive committee if the statement
497	484		is submitted by the state chair, that:
498	485		(i) are for the purpose of defraying
499	486		primary election expenses; and
500	487		(ii) have not been included in a report
501	488		filed under Section 173.084 for a previous primary election year;
502	489		and
503	490		(2) be submitted not later than the 45th day before
504	491		general primary election day.
505	492		(g) The state chair of a party, or the state chair's
506	493		designee, may submit a statement under this section on behalf of a
507	494		county chair if the county chair:
508	495		(1) requests the state chair to submit the statement
509	496		on the county chair's behalf; or
510	497		(2) fails to submit the statement by the deadline.
511	498		SECTION 39. Section 173.0832, Election Code, is amended to
512	499		read as follows:
513	500		Sec. 173.0832. DIRECT REPAYMENT TO AUTHORITY CONDUCTING
514	501		PRIMARY ELECTION UNDER CONTRACT IN CERTAIN COUNTIES. On request of
515	502		a county election officer [of a county with a population of 100,000
516	503		or more] who conducts a primary election under an election services
517	504		contract authorized under Subchapter D, Chapter 31, the secretary
518	505		of state shall [may] provide payment of primary expenses directly
519	506		to the officer who incurs the expense rather than to the county
520	507		chair under this subchapter. The secretary of state shall
521	508		prescribe procedures to implement this section.
522	509		SECTION 40. Subchapter D, Chapter 173, Election Code, is
523	510		amended by adding Section 173.0833 to read as follows:
524	511		Sec. 173.0833. DIRECT BILLING OF CERTAIN PRIMARY EXPENSES.
525	512		(a) This section applies to election services and materials
526	513		provided by a vendor for use in a primary election or primary runoff
527	514		election, including:
528	515		(1) the printing of paper ballot material containing
529	516		candidates' names used in a polling place;
530	517		(2) the programming and testing of voting system
531	518		equipment, including ballot layout, programming of equipment, and
532	519		audio production;
533	520		(3) site support or technical support other than the
534	521		programming or testing of voting system equipment;
535	522		(4) nonballot election materials used in a precinct on
536	523		election day, including election kits, required party stamps,
537	524		distance signs, and required forms; and
538	525		(5) the rental of non-county-owned electronic voting
539	526		system equipment, including media components.
540	527		(b) A vendor providing election services or materials to a
541	528		county chair or a county election officer contracting with a county
542	529		chair for a primary or runoff primary election shall directly bill
543	530		the secretary of state for the cost of the services or materials
544	531		used on election day for which state funding is available under this
545	532		chapter.
546	533		(c) The county chair or the county election officer
547	534		contracting with the county chair for whom a vendor provides
548	535		election services or materials to be directly billed to the
549	536		secretary of state under this section:
550	537		(1) shall direct the vendor to remit final invoices to
551	538		the secretary of state for payment; and
552	539		(2) may examine an invoice for accuracy after the
553	540		invoice is submitted to the secretary of state for payment.
554	541		(d) If after a review under Subsection (c)(2) an adjustment
555	542		is required, the county chair or county election officer shall
556	543		notify the vendor and the secretary of state. The vendor shall
557	544		submit a corrected invoice and the secretary of state shall adjust
558	545		the payment accordingly.
559	546		(e) An invoice submitted to the secretary of state by a
560	547		vendor for payment under this section must be in an electronic
561	548		spreadsheet format prescribed by the secretary of state and list
562	549		each county to which the vendor provides election services or
563	550		materials. For each county to which a vendor provides election
564	551		services or materials a submission must include:
565	552		(1) the name of the political party;
566	553		(2) the invoice number;
567	554		(3) the date of submission;
568	555		(4) the number of ballots printed, if any;
569	556		(5) whether an order for ballot printing or
570	557		programming of voting system equipment was placed by the county
571	558		chair or an entity contracting with the county chair to hold the
572	559		primary; and
573	560		(6) the specific type of election services or
574	561		materials provided.
575	562		(f) A vendor may not submit an invoice directly billing the
576	563		secretary of state for a primary election expense required to be
577	564		paid by the county under Section 173.003.
578	565		(g) The direct payment by the secretary of state of an
579	566		invoice under this section does not affect the payments calculated
580	567		for county chairs under Section 173.004 or compensation of a county
581	568		election officer under Section 31.100.
582	569		(h) The secretary of state may adopt rules as necessary to
583	570		implement this section.
584	571		SECTION 41. Section 173.084, Election Code, is amended by
585	572		amending Subsections (b) and (d) and adding Subsection (b-1) to
586	573		read as follows:
587	574		(b) The authority preparing the report shall file it with
588	575		the secretary of state not later than August 31 following the
589	576		applicable primary election [the 30th day after runoff primary
590	577		election day or not later than the 30th day after general primary
591	578		election day if no runoff primary is held in the county], in the
592	579		case of the county chair's report, or if no runoff primary is held
593	580		for a statewide or district office, in the case of the state chair's
594	581		report.
595	582		(b-1) The secretary for good cause, including failure of a
596	583		vendor or a county election officer contracted to conduct the
597	584		election to provide complete invoices in a timely fashion, may
598	585		extend the filing deadline.
599	586		(d) Any compensation claimed under Section 173.004 shall
600	587		[may] be forfeited on the failure of a county chair to file a timely
601	588		report.
602	589		SECTION 42. Section 173.0851(a), Election Code, is amended
603	590		to read as follows:
604	591		(a) Any surplus remaining in a primary fund shall be
605	592		remitted to the secretary of state immediately after the final
606	593		payment from the fund of the necessary expenses for holding the
607	594		primary elections for that year upon request of the secretary of
608	595		state[, but not later than July 1 following the applicable primary
609	596		election]. The surplus in a primary fund shall be remitted
610	597		regardless of whether state funds were requested by the chair.
611	598		SECTION 43. The following provisions of the Election Code
612	599		are repealed:
613	600		(1) Sections 172.084(b), (c), (d), and (e);
614	601		(2) Sections 172.113(b) and (c);
615	602		(3) Section 172.119;
616		-	(4) ~~Section~~ 172.~~127~~(a);
	603	+	(4) Sections 172.128(d) and (f);
617	604		(5) Sections 173.062(b), (c), and (d);
618	605		(6) Section 173.064; and
619	606		(7) Section 173.088.
620	607		SECTION 44. The change in law made by this Act in amending
621	608		Section 162.014(b), Election Code, applies only to an offense
622	609		committed on or after the effective date of this Act. An offense
623	610		committed before the effective date of this Act is governed by the
624	611		law in effect when the offense was committed, and the former law is
625	612		continued in effect for that purpose. For purposes of this section,
626	613		an offense was committed before the effective date of this Act if
627	614		any element of the offense occurred before that date.
628	615		SECTION 45. This Act takes effect September 1, 2017.